Research On National Recompense System To Damage By Wildlife

In recent years, our country comprehensively implemented the sustainable development the strategic target, the environment and the natural resource protection obtained the unprecedented value. However, the events that the wildlife result in harms to the human frequently to occur actually, the relation between the protection of wild animals and the citizen vital interest with difficulty balance in a period. Although"LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF WILDLIFE"stipulated, citizen who is harmed by the wildlife in protection country and place key protection wild animal's process, may request the government to compensate. But because lacks specifically the feasible measure, the relief system which the wildlife result in harms to the human has not establish truly, the victim often cannot obtain the relief or cannot obtain the relief should have. This article borrowing the research results from the domestic related section law, put forward the proposal from the theory and the concrete system design to our national recompense system for the damage caused by the wildlife.The wildlife in this article is refers to "the wildlife" which"LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF WILDLIFE"Article 2 defines, not including artificial raising, management wild animal. The wildlife resulting in the harms means the citizen, the legal person and other organizations in the protection wild animal's process, receive the person or the property benefit harm because of the wildlife. These kinds of damages result in the conflict between the human rights and the existent right of the wildlife. The relief for the damage is inevitable. The author analyzing several relief methods, thought the national recompense is the best one. And analyzed the rationale of the national recompense for the damages caused by the wildlife.In the third section, the author introduced the legislation actual state of our national recompense system for the damages caused by the wildlife. Then expatiated content of the system including the recompense responsibility, the main part of recompense, the scope and the way of the recompense, and the recompense procedure.In the last part, the author put forward the proposal to our national recompense system to the damage caused by the wildlife. First of all, the active recompense system is at a low degree. It should be in a special chapter in"LAW OF THE PEOPLE'S...